Laguna Beach — 2025-01-14

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to\nGovernment Code Section 54956.8 Property: 2307 and 2535 Laguna\nCanyon Road, Laguna Beach Agency Negotiator: Dave Kiff, City Manager\nNegotiating Party: George R. Burkhardt Trusts A, B, and C Under\nNegotiation: Price and Terms of Payment

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED\nLITIGATION Significant exposure to litigation pursuant to Government\nCode Section 54956.9(d)(2) & (e)(5) Two (2) potential cases. There is\nsignificant exposure to litigation against the City based on a threat of\nlitigation made outside of a noticed meeting, which is based on the following\nfacts for each case:\n(A) On August 14, 2023, a nonprofit interest group named Foundation for\nIndividual Rights and Expression (“FIRE”) transmitted correspondence to\nthe City alleging that Laguna Beach Municipal Code § 11.60.040, entitled\n“Special Regulations for the Forest Avenue Promenade,” is an\nunconstitutional restriction on speech under the First Amendment. FIRE’s\ncorrespondence is on file with the City Clerk’s Office for review.\n(B) The property owner of 337 Hawthorne Road, Michael Ray, and as also\ncommunicated from his attorney, Larry Nokes, have made threats of\nlitigation against the City as conveyed to City Attorney Megan Garibaldi in\nand around May and October of 2024 relating to the property’s prior\nerroneous placement on the City’s Historic Register, on the basis that such\nplacement constituted slander of title or other property-related harm.

3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED\nLITIGATION Significant exposure to litigation pursuant to Government\nCode Section 54956.9(d)(2) & (e)(2) One (1) potential case. There is\nsignificant exposure to litigation based on existing facts and circumstances\nwhich are known to the potential plaintiffs, as follows: A water main break\nand slope failure occurred on Sunset Avenue. The water main is owned and\noperated by South Coast Water District (SCWD), and the road and\nuppermost portion of the slope are owned and controlled by the City. The\nwater main break and slope failure impacted at least 10 residential\nproperties. SCWD served government claims on the City and seeks\nindemnity for its costs and expenses incurred related to this matter.

4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION\nPursuant to Government Code Section 54956.9(d)(1) One (1) case: Temple\nHills Land Company v. City of Laguna Beach, et al., United States District\nCourt, Case No. 8:24-cv-00605-JLS-ADS

5. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONb Pursuant to\nGovernment Code section 54957(b)(2) Title: City Attorney

1. YEARS OF SERVICE RECOGNITION\nRecommendation: Receive and file the report.\nAgenda Report

10. REJECT BIDS FOR THE POLICE DEPARTMENT NETWORK\nCABLING IMPROVEMENTS\nRecommendation: Reject all bids for the Police Department Network Cabling\nImprovements and direct staff to rebid the project.\nAgenda Report

11. PLANNING DIVISION UPDATE AND WORKLOAD SUMMARY\nTHROUGH JANUARY 5, 2025\nRecommendation: Receive and file the Planning Division Workload Summary,\nwhich covers the period from September 2024 through January 5, 2025.\nAgenda Report

12. RATIFICATION OF A SIDE LETTER OF AGREEMENT WITH THE\nLAGUNA BEACH POLICE EMPLOYEES’ ASSOCIATION\nRecommendations:\n(1) Adopt a Resolution titled “A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE\nSIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE\nLAGUNA BEACH POLICE EMPLOYEES’ ASSOCIATION”; and\n(2) Authorize the City Manager to sign employee association Side Letter of\nAgreement.\nAgenda Report

13. RESOLUTION APPROVING PURCHASE AND SALE AGREEMENTS\nFOR THE CITY’S PURCHASE OF REAL PROPERTY LOCATED AT\n2307 & 2535 LAGUNA CANYON ROAD (APN’S: 632-101-10 AND 632-\n091-12) AND DETERMINING SUCH APPROVAL TO NOT BE A\nPROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY\nACT\nRecommendations:\n(1) Adopt the Resolution entitled, “RESOLUTION APPROVING\nPURCHASE AND SALE AGREEMENTS BETWEEN THE CITY AND\nGEORGE R. BURKHARDT TRUST B AND GEORGE R. BURKHARDT\nTRUST C, FOR THE CITY’S PURCHASE OF 2307 & 2535 LAGUNA\nCANYON ROAD, LAGUNA BEACH (APN’S: 632-101-10 AND 632-091-12),\nRESPECTIVELY, AUTHORIZING THE CITY MANAGER TO TAKE\nACTIONS NECESSARY TO IMPLEMENT THE AGREEMENTS, AND\nDETERMINING SUCH APPROVAL TO NOT BE A PROJECT UNDER\nTHE CALIFORNIA ENVIRONMENTAL QUALITY ACT”;\n(2) Authorize the City Manager to execute ancillary Escrow and Purchase\nAgreements-related documents, in a final form as approved by the City\nAttorney, as may be required for the City to facilitate the obligations of the\nPurchase Agreements\n(3) Return to a February 2025 City Council meeting with additional\ninformation, including assignment and loan documents, if assignment is\ndetermined to be feasible; and\n(4) Transfer an appropriation of $135,600 from the Capital Improvement\nFund Future City Facilities Fund Project to the General Fund Contractual\nServices for due diligence services.\nAgenda Report

14. COMMUNITY LAND TRUST COMMUNITY ENGAGEMENT PLAN\nRecommendation: Receive and file the community engagement plan for the\nCity’s Community Land Trust effort.\nAgenda Report

15. ADOPTION OF ORDINANCE AMENDING THE ZONING CODE AND\nLOCAL COASTAL PROGRAM BY REPEALING AND REPLACING\nCHAPTER 25.17 OF THE LAGUNA BEACH MUNICIPAL CODE\nREGARDING ACCESSORY DWELLING UNITS AND JUNIOR\nACCESSORY DWELLING UNITS TO COMPLY WITH RECENT\nCHANGES IN STATE LAW, AND FINDING THE ACTION TO BE\nSTATUTORILY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT UNDER SECTION 21080.17 OF\nTHE PUBLIC RESOURCES CODE, AND SECTION 15265(C) OF THE\nSTATE CEQA GUIDELINES\nRecommendation: Open the public hearing, take public testimony, close the\npublic hearing, close the public hearing, and waive second full reading and\nadopt an Ordinance titled, “AN ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING ITS\nZONING CODE AND LOCAL COASTAL PROGRAM BY REPEALING\nAND REPLACING CHAPTER 25.17 OF THE CITY OF LAGUNA BEACH\nMUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND\nJUNIOR ACCESSORY DWELLING UNITS, AND FINDING THE ACTION\nTO BE STATUTORILY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT UNDER PUBLIC RESOURCES CODE\nSECTIONS 21080.17 AND 15265(C) OF THE STATE CEQA GUIDELINES.”\nAgenda Report

16. ADOPTION OF AN URGENCY ORDINANCE EXTENDING URGENCY\nORDINANCE NO. 1707 AMENDING THE ZONING CODE AND LOCAL\nCOASTAL PROGRAM BY REPEALING AND REPLACING CHAPTER\n25.17 OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING\nACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY\nDWELLING UNITS TO COMPLY WITH RECENT CHANGES IN\nSTATE LAW, AND FINDING THE ACTION TO BE STATUTORILY\nEXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY\nACT UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE\nRecommendations: Open the public hearing, take public testimony, close the\npublic hearing, and:\n(1) Adopt an urgency ordinance to extend Urgency Ordinance No. 1707,\nwhich repeals and replaces Chapter 25.17 of the Laguna Beach Municipal\nCode regarding accessory dwelling units and junior accessory dwelling units,\nfor 22 months and 15 days (Attachment 1 of the agenda report) to ensure\nthat the City’s regulations comply with state ADU law and continue to\nprotect coastal resources during the pendency of the Coastal Commission\nreview and certification of the non-urgency ordinance\n(2) Adopt a report describing measures to alleviate conditions that led to the\nadoption of Urgency Ordinance No. 1707 (the "10-Day Report," Attachment\n2 of the agenda report); and\n\ (3) Find that said actions are statutorily exempt from review under the\nCalifornia Environmental Quality Act under Public Resources Code section\n21080.17.\nAgenda Report

17. CITY COUNCIL REPRESENTATION FOR VARIOUS\nORGANIZATIONS AND COMMITTEES\nRecommendation: Review City Council appointments to various organizations\nand committees, and make changes as necessary.\nAgenda Report

2. FIRE UPDATE

3. MINUTES OF THE CITY COUNCIL MEETINGS\nRecommendation: It is recommended by the City Clerk that the City Council\napprove the minutes of the Special Meeting of the City Council of December 9,\n2024, and the Regular Meeting of the City Council of December 10, 2024.\nMinutes

4. APPROVAL OF GENERAL WARRANTS AND PAYROLL\nDISTRIBUTIONS\nWarrant #11: $2,710,252.40 11/22/2024\nWarrant #12:$2,680,848.88 12/06/2024\n$5,391,101.28\nPayroll #11:$1,752,438.53 11/29/2024\nPayroll #12:$2,070,793.99 12/13/2024\n$3,823,232.52\nTotal: $9,214,333.80\nRecommendation: Approve the general warrants and payroll disbursements.\nAgenda Report

5. CLAIMS AGAINST THE CITY\nRecommendation: Reject Claim #24-54 filed by Eriona Sanders\nAgenda Report

6. MONTHLY INVESTMENT REPORT (OCTOBER 2024)\nRecommendation: Receive and file the October 2024 monthly investment\nreport, with submissions from the City Treasurer, Laura Parisi, and the City’s\nlonger-term investment manager, Meeder Investments.\nAgenda Report

7. RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING\nBETWEEN THE CITY OF LAGUNA BEACH AND THE LAGUNA\nBEACH MARINE SAFETY ASSOCIATION\nRecommendations:\n(1) Adopt a Resolution titled “A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE\nMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND\nTHE LAGUNA BEACH MARINE SAFETY ASSOCIATION;” and\n(2) Authorize the City Manager to sign employee association Memorandum\nof Understanding.\nAgenda Report

8. SERVICE AGREEMENT FOR UPFITTING OF FIRE DEPARTMENT\nCOMMAND STAFF VEHICLES\nRecommendations:\n(1) Authorize the City Manager to enter into an agreement with National\nAuto Fleet Group for the upfitting of two command staff vehicles at a cost\nnot to exceed $300,000; and\n(2) Approve an additional appropriation of $110,000 from the Vehicle\nReplacement Fund to increase the budget for upfitting from the originally\napproved $190,000 to $300,000.\nAgenda Report

9. CITYWIDE SPEED SURVEY RESULTS\nRecommendations:\n(1) Receive and file the Speed Zone Engineering and Traffic Survey; and\n(2) Introduce for the first reading and read by title only, “AN ORDINANCE\nOF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,\nCALIFORNIA, AMENDING CHAPTER 10.02 (DRIVING\nREGULATIONS) OF THE LAGUNA BEACH MUNICIPAL CODE BY\nESTABLISHING PRIMA FACIE SPEED LIMITS ON VARIOUS\nROADWAY SEGMENTS THROUGHOUT THE CITY; AND FINDING\nSAID ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT”.\nAgenda Report